Tort Law - Psychiatric Injury Flashcards
1
Q
What is a primary victim?
A
Someone in the area of danger/who believes they were in danger and later suffers psychological harm. (Page v smith)
2
Q
What is a secondary victim?
A
A bystander who witnesses someone’s injury but isn’t physically hurt themselves/in danger and then suffers psychological injury as a result. (McLoughlin v O’Brian)
3
Q
What type of victim will a voluntary rescuer be classed as?
A
Primary as they put themselves at risk of injury voluntarily to help others.
4
Q
When will professional rescuers be able to claim as a primary victim?
A
When they fear themselves harm/for their own safety.
5
Q
When will a professional rescuer be able to claim as a secondary victim?
A
When they satisfy the Alcock test.